Claiming Sunshine Law Violation, Lomelo Seeks To Stop City Election

June 3, 1985|By Buddy Nevins, Staff Writer

Suspended Sunrise Mayor John Lomelo today filed suit seeking to stop a special city election called to limit the mayor`s powers.

Lomelo charged in his suit that the June 25 balloting on several proposed city charter amendments is illegal because acting Mayor Robert Butterworth and three members of the City Council violated the state`s Sunshine Law by meeting in secret to plan it.

Joining Butterworth in breaking the Sunshine Law, which requires any discussion of public business be done in public, were Council members Lawrence Hoffman, Bill Colon and Michael Stern, according to the suit.

Councilman Bernard Weiselberg, Lomelo`s only supporter on the five-member council, also filed a complaint today with the Broward County State Attorney`s Office asking for an investigation of the alleged Sunshine Law violation.

Butterworth countered that, ``I was not at any meeting where anything was discussed. I`m unaware of any violation of the Sunshine Law.``

The suit also contends the six election ballot items were ``ambiguous, contradictory and deceptive,`` violating Florida Law which stipulates referendum questions to be ``clear and unambiguous.``

The suit also claims that the election questions were not published in a newspaper five weeks before the referendum, as required by law. Publication actually occurred four weeks and six days prior to the scheduled voting, according to the suit.

The election was engineered by Butterworth, appointed interim mayor by the governor when Lomelo was suspended in November after being indicted on federal corruption charges. Lomelo`s trial is pending.

If the referendum questions are approved, the City Council would win control over employee salaries, the hiring and firing of key officials such as the police chief, and the mayor`s salary. The Sunrise city charter now assigns those powers to the mayor.

``These ballot questions are important to John,`` Butterworth said. ``It`s a battle for control of the city. If these pass, he will no longer have absolute total control over the city and people of Sunrise.``